Employer sponsored options

Once you have been endorsed by Skilled and Business Migration, you will be able to lodge an application for a Labour Agreement with the Department of Home Affairs. A Labour Agreement will allow you to recruit skilled workers in cases where you are unable to find a local worker, and access an extensive list of occupations with a range of concessions to the standard skilled visa criteria.

There are two employer sponsored visa programs available to local businesses in South Australia.

1. Designated Area Migration Agreement (DAMA) - Skills in Demand visa (subclass 482) & Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) - Labour Agreement Streams
2. Skilled Employer Sponsored Regional (Provisional) visa (subclass 494 Employer Sponsored Stream)

Labour Agreement Stream visas are relevant for occupations listed in the DAMA Occupation List. If the occupation or position you are seeking to fill is listed, this may be a pathway you can consider recruiting and sponsoring overseas workers if you are unable to fill a position from the local labour market.

The South Australian DAMA enables employers to sponsor overseas workers under the Labour Agreement streams of the Skills in Demand Visa (subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

Employers can request multiple positions and occupations in a labour agreement. Once the agreement is finalised with the Department of Home Affairs, you can nominate workers at any time within 12 months.

Subclass 482 visa holders may be nominated by their employer under the SA DAMA for the permanent 186 visa after holding the 482 visa, under the SA DAMA, for 2 years.

Subclass 494 visa holders, who have been nominated under the SA DAMA, may independently apply for the permanent 191 visa after holding the 494 visa, under the SA DAMA, for 3 years.

South Australia has entered into two DAMA agreements: Adelaide Technology and Innovation Advancement Agreement and South Australian Regional Workforce Agreement. Together, these DAMAs include many occupations that may not be available on other skilled occupation lists. If you’re an employer interested in a Labour Agreement under the DAMA, you must first be endorsed by Skilled and Business Migration. To apply for endorsement, you need to complete a DAMA application on the apply portal.

The Skilled Employer Sponsored Regional (provisional) (SESR) visa pathway enables employers to sponsor a skilled migrant under visa subclass 494.

As part of the employer’s application process to the Department of Home Affairs, the employer needs to seek advice from a Regional Certifying Body (RCB). The RCB advice considers if the terms offered to the nominee are in line with the annual market salary rate (AMSR) for the nominated position. The Regional Certifying Body (RCB) in South Australia is Skilled & Business Migration.

The following comparison table offers a guide to the different nominee (visa applicant) requirements for each visa stream. The following information is a guide only, and participants should check their eligibility against the Department of Home Affairs criteria prior to commencing.

It is essential that employers and migrants are aware of the law to avoid worker exploitation.

Exploitation can take many forms, for example employers paying below the minimum salary threshold, or transferring the cost of sponsoring to the visa applicant. It is illegal for a person to pay an employer to sponsor them for a visa.

Additional laws have been introduced by the Department of Home Affairs to address migrant worker exploitation.

There are serious penalties for employers who breach these laws, including up to 2 years’ jail and fines.

Employers may also be prohibited from employing more temporary visa holders for a period of time.

More information on migrant worker protections and information for employers and labour hire intermediaries can be found at the Department of Home Affairs website.

Before you apply, it is important to review all requirements and prepare all supporting documentation.

Consider this short checklist before you start your application.

1. Have you reviewed all requirements?

We suggest you review all requirements associated with the Employer sponsored program you want to apply for, as well as any supporting information relating to the program. You can review specific requirements for your chosen visa at the following links on the Department of Home Affairs website.

• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) Labour Agreement stream.
• Skills in Demand visa (subclass 482) Labour Agreement stream.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) Employer sponsored steam.

2. Have you prepared all required documentation for your chosen program?

The assessment process requires that you prepare documentation to support your application and prove your claims. Requirements vary depending on the Employer sponsor program you have selected. Make sure you review the 'How to Apply' page associated with your chosen program.

Note that applications submitted without the requested information or documentation, may be delayed (or even refused without further consideration), so it is important to ensure all relevant information is included.

3. Ready to apply?

Select the ‘start an application’ button below to go to the Skilled & Business Migration application portal. Make sure you select the correct application form for the employer sponsored programs from the following list, and follow all the prompts:

• Skilled Employer Sponsored Regional (SESR) – 494
• Designated Area Migration Agreement (DAMA 482/494)
• Designated Area Migration Agreement (DAMA 482/494) Variation
• DAR Skills Assessment

We have compiled a selection of common questions raised with the Skilled & Business Migration team to help you better understand the migration process and our programs. Please refer to our FAQ page.

If you are having difficulty navigating these processes, you can seek immigration assistance from a third party who can help you understand requirements and options available to you.

Visit the Immigration Assistance page.